33-31-2-1. Application

Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division. As added by P.L.201-2011, SEC.30.

33-31-2-2. Dockets

Sec. 2. The small claims and misdemeanor division of the court has the following dockets: (1) A small claims docket. (2) A minor offenses and violations docket. As added by P.L.201-2011, SEC.30.

33-31-2-3. Small Claims Docket; Jurisdiction

Sec. 3. The small claims docket has jurisdiction over the following: (1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any […]

33-31-2-4. Exceptions to Formal Practice and Procedure

Sec. 4. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket. (b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general […]

33-31-2-5. Change of Venue

Sec. 5. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court. As added by P.L.201-2011, SEC.30.

33-31-2-6. Trial by Jury

Sec. 6. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury. (b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that: (1) states that there […]

33-31-2-7. Minor Offenses and Violations Docket; Jurisdiction

Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following: (1) All Level 6 felony cases. (2) All misdemeanor cases. (3) All infraction cases. (4) All ordinance violation cases. (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9. As added by […]

33-31-2-8. Court Sessions

Sec. 8. (a) The court shall provide by rule for an evening session to be held once each week. (b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action. As added by P.L.201-2011, SEC.30.

33-31-2-9. Office of Judicial Administration Requests

Sec. 9. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division. As added by P.L.201-2011, SEC.30. Amended by P.L.161-2018, SEC.77.